---
kind: "section"
citation: "20 C.F.R. § 416.1249"
title: "20"
number: "416.1249"
heading: "Exclusion of payments received as restitution for misuse of benefits by a representative payee."
url: "https://uscodex.org/cfr/20/416.1249"
---

# §416.1249. Exclusion of payments received as restitution for misuse of benefits by a representative payee.


In determining the resources of an individual (and spouse, if any), the unspent portion of any payment received by the individual as restitution for title II, title VIII or title XVI benefits misused by a representative payee under [§ 404.2041](/cfr/20/404.2041.md), [§ 408.641](/cfr/20/408.641.md) or [§ 416.641](/cfr/20/416.641.md), respectively, is excluded for 9 months following the month of receipt.


## Notes

### Amendments

[70 FR 41139, July 18, 2005]

### Authority

Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

### Source

Source: 40 FR 48915, Oct. 20, 1975, unless otherwise noted.

### Amendments

[70 FR 41139, July 18, 2005]